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Terminations

You could personally pay for FMLA violations

03/29/2013
Some federal labor laws provide extra incentive for managers to understand how to administer them. The FMLA is one of those laws. It provides for individual liability for those who are responsible for approving FMLA leave and ensuring the employer follows the law on leave and reinstatement.

Base firing on solid evidence of wrongdoing

03/25/2013
Solid, substantiated and legitimate reasons for firing someone almost always trump bias claims based on a few isolated slurs—even when the trash-talking comes from a supervisor.

Court refuses to help pro se litigant after EEOC, attorneys reject her case

03/25/2013
Here’s some good news for em­ployers frustrated with former employees who file groundless discrimination lawsuits. Judges are increasingly unwilling to bend over backward to enable lawsuits that look like sure losers by assigning court-appointed attorneys.

When rude boss spouts off, expect little sympathy from juries

03/21/2013
A supervisor’s foul temper can alienate employees—and wind up costing an employer big bucks.

Whistle-blower isn’t doing her job? Feel free to discipline

03/15/2013
Here’s an important reminder when management gets nervous about terminating a so-called whistle-blower. Solid, legitimate reasons for discipline take precedence over protections to which whistle-blowers are entitled.

Clairvoyance not required to ID need for FMLA

03/15/2013

Under the FMLA regulations, if an employee is incapacitated, someone else can notify the employer, whose FMLA obligations are then triggered. But that doesn’t mean that a co-worker merely telling a supervisor that the employee is “sick” works as notification. Employers are entitled to better notice than that.

Little incidents can become harassment over time

03/12/2013
Respond ASAP with swift discipline the first time someone levels sexual or anti-female taunts at an employee. Otherwise, the problem will grow. You may not realize something is wrong until the victim quits and sues.

No unemployment for those fired for late time sheets

03/07/2013
Make it clear that it’s essential to complete time sheets on time. Dis­cipline those who don’t follow the rules. If you have to fire time sheet ­slackers, rest assured they won’t be eligible to collect unemployment benefits on your account.

Employee complains and then quits? Investigate anyway, to prove what happened

03/07/2013
When you get a discrimination or harassment complaint, it’s essential to launch an immediate investigation. If the employee quits, continue the investigation. That way, in case of a lawsuit, you can show the court you took the complaint seriously.

Name-calling may be just the tip of the iceberg

03/07/2013
If you are receiving reports that a manager or supervisor is engaging in name-calling, look beyond the obvious problem. It just may be that discrimination is a pervasive problem. It’s your job to bring it to light before it’s too late.